Stop Collecting Retroactive MCI Increases If Tenants Appeal

January 25, 2019    

Several new and re-elected state senators have made eliminating rent increases tied to major capital improvements (MCIs) important parts of their housing agenda. Last year, State Senator Mike Gianaris and Assemblyman Brian Barnwell introduced a bill in their respective chambers that would repeal...

City Council Considers Tenant Protection Bill Package

December 18, 2018    

Speaker Corey Johnson recently introduced a package of bills that focus on protecting tenants in rent-stabilized apartments from harassment by the owners. With the speaker in support of them, the bills have a good chance of passage in the Democrat-controlled Council with some minor revisions and...

How to Tell If Tenant Has Corrected Illegal Sublet

November 26, 2018    

Before you sue to evict a tenant for illegally subletting an apartment, you must send the tenant a legal document called a “notice to cure,” which gives the tenant a chance to correct the illegal sublet. If you end up in court on your illegal sublet claim and win, the court will...

Take Complaints About Tenants’ Secondhand Smoke Seriously

November 9, 2018    

According to the Centers for Disease Control and Prevention (CDC), secondhand smoke exposure contributes to approximately 41,000 deaths among nonsmoking adults and 400 deaths of infants each year. Secondhand smoke causes stroke, lung cancer, and coronary heart disease in adults. And children who...

Check to Make Sure Person Who Signs Renewal Lease Is the Tenant

October 24, 2018    

Generally, tenants in rent-stabilized apartments must be offered renewal leases. The renewal lease can be for a term of one or two years, at the tenant’s choice and is at a rate set by the Rent Guidelines Board. The renewal lease offer must be made on a form created by or on a facsimile...

Submit Tenant Protection Plan, Post Notices for Buildings Occupied During Construction

September 20, 2018    

Last year, the city’s focus on tenant harassment culminated in Mayor de Blasio signing a package of bills into law that gave sweeping protections to renters against tenant harassment and unsafe living conditions. Among the bills signed into law was one for an Office of the Tenant Advocate...

How to Comply with NYC's New Smoking Policy Rule

August 27, 2018    

In August 2017, New York City passed Local Law 147, which requires residential buildings with three or more residential units to create a policy on smoking and to share it with current and future tenants. For years, the city has banned smoking in the common areas of buildings with 10 or more...

FDNY Proposes Changes to Fire Safety Guides, Distribution Requirements

July 26, 2018    

The New York City Fire Department (FDNY) recently proposed a rule that would change the content and delivery of the annual residential fire safety guides. A rule is a type of law that is proposed and adopted by a city agency. The rulemaking process generally takes a minimum of 60 days, and...

Q & A on Collecting Security Deposits from Rent-Stabilized Tenants

June 20, 2018    

When renting rent-stabilized apartments, you probably require security deposits from tenants, in case they cause any damage. A security deposit is money that a tenant deposits with the owner of the apartment for the repair of any damages to...

City Council Approves Fire Safety Bills for Residential Buildings

May 22, 2018    

The City Council recently voted to approve a series of eight fire safety bills with the goal of making residential buildings safer. The bills were created in response to the Dec. 28, 2017, Bronx fire that killed 13 people, making it the city’s deadliest fire in more than a quarter century...

How to Avoid Violating NYC’s Expanding ‘Tenant Harassment’ Laws

May 9, 2018    

By Eileen O’Toole, Esq.

Avoid Rent Overcharge Finding If No Rent Was Charged on Base Date

April 19, 2018    

When you defend against a tenant’s rent overcharge complaint, you must prove that you didn’t illegally increase the rent after the apartment’s base date. Section 2520.6(f) of the revised Rent Stabilization Code defines the base date as the date four years before the tenant...